Chua v The Owners - Strata Plan No 40301

The applicant, Mr Chua, sought leave to appeal a decision of the primary judge concerning his liability for a special levy imposed by the respondent, The Owners - Strata Plan No 40301. The dispute centred on whether Mr Chua, as a unit holder, was liable for the unpaid special levy, and specifically whether notice of the levy had been validly served by posting it to his correct address.

The Court of Appeal was required to determine whether the primary judge had erred in finding Mr Chua liable for the special levy. This involved considering whether the notice of the levy had been properly served in accordance with the relevant strata title legislation, and whether any alleged errors in the primary judge's reasons constituted a sufficient basis for granting leave to appeal.

While the Court accepted that there may have been an error of law in the primary judge's reasons for judgment, it ultimately refused leave to appeal. This refusal was based on the finding that the primary judge's decision was supported by unchallenged evidence, and that there was no adequate basis to doubt the correctness of the primary judge's conclusion regarding Mr Chua's liability. The Court therefore found that the applicant had not demonstrated a sufficient error of law or a substantial question of law to warrant granting leave to appeal.

Consequently, the Court ordered that the application for leave to appeal be refused and that the applicant pay the respondent's costs of the application.